The Maharashtra State Road ... vs Lalsing Arjun More Thr. Deepak ...
2023 Latest Caselaw 6372 Bom

                                            41. FA 602-23 @ IA 1259-20.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION

                           FIRST APPEAL NO. 602 OF 2023
                                      WITH
                       INTERIM APPLICATION NO. 1259 OF 2020
                                        IN
                           FIRST APPEAL NO. 602 OF 2023

 The Maharashtra State Road Transport
 Corporation                                 ...Appellant/Applicant
        Vs.
 Lalsing Arjun More                          ... Respondents
                                    -----

Mr. Aniket Nangare i/b Mr. N. V. Bhutekar for Appellant/Applicant. Mr. V. R. Gaikwad for Respondent.

-----

CORAM: ABHAY AHUJA J.

DATE : 5 JULY 2023

P.C. :

Interim Application No. 1259 of 2020

1. This is an interim application for stay of execution of the judgment

and award dated 17th August, 2019 passed by the Motor Accident Claims

Tribunal, Satara (the "MACT, Satara") in Motor Accident Claim Petition

No. 10 of 2015.

2. Learned Counsel for the Applicant-Corporation submits that the

entire decretal amount has already been deposited in the MACT, Satara

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41. FA 602-23 @ IA 1259-20.odt

and the stay granted earlier be continued till the final disposal of the

Appeal.

3. Learned Counsel for the Respondents- Claimants has no objection.

4. Having heard the learned Counsel and having perused the

application as well as the record indicating that the decretal amount of Rs.

21,27,402/- has been deposited, let the interim order granted earlier

continue till the final disposal of the Appeal.

5. Interim application stands accordingly disposed.

First Appeal No.602 of 2023.

6. Having heard the learned Counsel and having perused the grounds

as well as the impugned order, this Court is of the view that the interests

of justice would be served if the Appeal is heard finally at the stage of

admission. Accordingly, Registry is directed to call for the Record and

Proceedings within a period of four weeks. Let the private paper book be

filed within a period of four weeks thereafter, with an advance copy to the

other side.

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41. FA 602-23 @ IA 1259-20.odt

7. List the Appeal on 6th September, 2023 for final hearing, subject to

removal of all office objections.

                                           (ABHAY AHUJA, J.)




    Nikita Gadgil                                                                3 of 3